I-485 very delicate case

anacleta

Registered Users (C)
#1
Hi everyone,

I am experiencing one of the most difficult problems in my life. I came to USA on June 10th, 2005 (I was 23) with a visa tourist B-2 and I stayed in the US ilegally until now. My mom filled a I-130 on 29 december 2006 when she was permanent resident. Later she became citizen and she changed my status case being now first priority. So on July 22, 2010 I got the approval of the I-130. But here is the problem ..It's supposed that I have to wait for a visa in order to file the form I-485 but one of the requirements to adjust my status is that I should not work in the US (I am not inmediately relative I am considered family member, unmarried son over 21), and I did...I work since 2006 but I got my ITIN number to pay my taxes. So please as I read in some forums they said that USCIS won't accept my application and they would ask me to leave the country...is there anyway I can avoid this? does a waiver can do something to solve my case? please I really need help. I didn't file yet the I-485 what can I do for not being deported?:(
 

citi786

Registered Users (C)
#2
Your mom's petition will not help you since you over stayed your visa and now subject to a 10 year ban. What does your I-94 say?
 

anacleta

Registered Users (C)
#3
it says that I was admitted on june 10th, 2005 and they also gave the date in which I supposed to leave, dec 09, 2005..they just gave me 6 months visa
 

citi786

Registered Users (C)
#4
Speak to an attorney asap. In some cases if the I-94 has DS stamped on it, a person can go back to their country and file for council processing. In your case you over stayed and not eligible for AOS, unfortunately. There are several attorneys who offer free initial consultation. Check with a few of them............
 
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